On The Relative Theory Of Real Rights

The Civil Code of Jurists of the Civil Law will be as the absolute is the basic attributes of real right. they believe that if there is no absolute of the real right, real right will lose its freedom, real right do not exist,will be the basis for real right will not get legal protection, real right will no longer is real right. Therefore, they will be as the absolute as the basic characteristics of the real right or will be absolute as the basic principles of real rights. For such a universal absolute point, the author of this article made the opposite point of view, the author believe that the real right as a civil right has relative as other civil rights. Real right relativity is the basic property of the real right. As a result, the author put forward the proposition of real right theory of relativity.The author demonstration the Basic and general rights Are the basic features of relativity from the right reasons, the existence of the rights of the state, or the realization of the rights of the conditions and process from the point of view of jurisprudence. Relativity is a Basic property of all rights, all the rights are relative. In that case, as is the concept of the right of the property and, of course, have the characteristics of relativity. At the same time, the author describes the difference between the two propositions that" real right belonging to the absolute right" and "real right has the absolute ", We can not as " real right belonging to the absolute right" as "real right has the absolute ",we can not to confuse each other, much less as the same with each other. The author studied the Civil Law, common law concepts of real right, that no matter what the principal legal systems, the relative nature of real rights is the basic choice of real right law.In fact, the absolute property only is a product of the stage of the European continent country bourgeois revolution in the 17th and 18th century, as well as a free capitalist society, absolute real right belonging to the historical areas. The author believes that absolute real rights, in order to individualism, liberalism as a philosophical foundation, to natural law as the basis of jurisprudence, Roman law to rely on the concepts. In fact, absolute real rights is the bourgeoisie against the feudal society in order to guarded the identity of the hierarchy of the feudal and autocratic system, Notes through the Roman Law of the party but the distortion of the bourgeoisie with the aim of the interpretation on the basis of the formation. The concept of absolute real right is an important and decisive role of the victory of the bourgeois revolution, as well as the development of a free capitalist society. However, the absolute real right of itself has a violation of the rights of the relativity of the basic logic of the premise, at the same time, with anti-social tendencies, Thus leading to social inequity of the generalized increase of social contradictions and social conflicts and contradictions, intensification of the conflict, Hinder people’s effective use of community property is not conducive to the harmonious development of human society.The absolute real right lost its social conditions of its existing, nor the value in the socialization social. The author believes that the current civil law school property in the absolute sense, be inconsistent with the law of the countries of the world development trend of China’s real right does not meet the legal practice. The point either in logic or in practice are not tenable that no matter how much by the restrictions, real rights are absolute, the restrictions on the real right only exceptions to the real right. At present, China’s civil law scholar dominant theory of absolute real rights or restrictions on the concept of real rights, resulting in China’s legal system, real rights have emerged as the uncertainty in the public interest, real rights system, lack of access to the limitation of defects and so on. It led to the abuse of real right, the social phenomenon of the increasing influence the social harmony. There is the relative performance of the real right whether it is ancient Rome or modern nations of the real right by various restrictions imposed on all real rights. The law on real rights or restrictions on private real right led to the highlights of its relatively basic features. The author believes that the relative is the property of the basic characteristics of their real rights is an essential requirement. In order to better protect real rights, we have restrictions on the real rights, must also be restrictions on the kinds of restrictions, in order to protect the real rights of individual citizens is not only the right to freedom, while at the same time be able to make real rights of others And social development of mankind as a whole or even undertake corresponding obligations or responsibilities, to make the harmonious development of human society.We should recognize the real rights with relative basis, to recognize individuals under certain conditions in order to be others, greater restrictions or even give up the interests of their own real right. Real rights relativity not only to promote the realization of social fairness and justice, promoting the efficiency of the use of social wealth, but also reduce social contradictions and social conflicts and promoting the building of a harmonious society and promoting sustainable human development. We should establish the relativity of the concept of real rights, and to implement China’s property law practice. Only then can we truly effectively protect the personal freedom of real rights, but also be able to make personal and real rights of others, as well as community property of all humankind in harmony; Only then can we maximize the use of the real right for all mankind to create material and spiritual wealth, the protection of human sustainable development.